937

Department of Agriculture-Food Stamp Violations

As a result of the growing problem of theft, improper use and
illegal
trafficking of food stamps in violation of 7 U.S.C. § 2024, modified
referral
procedures concerning fraud cases involving suspected food stamp violations
have
been established.

These procedures provide a means of expediting the prosecution of
significant
cases while permitting latitude for the prompt administrative action by the
Department of Agriculture in categories of cases not deemed to warrant
prosecution.

The Department of Agriculture will not refer the following
categories
of food stamp violations for prosecutive consideration:

Retailers participating in the program:

Routine reports of retailer violations where the only offenses
committed or
suspected are the sale of ineligible items for food stamps. (Any other
violations by retailers, such as case discounting of food stamps,
trafficking in
stamps or ATP cards,retention of stamps or cards for security or other
purposes,
will be treated as significant and referred. NOTE: ATP ("authorized to
participate") cards are issued to an eligible person indicating that
person's
eligibility to participate for a certain period of time and at a certain
level.
See 7 C.F.R. 271.1.)

Recipients authorized to participate in the program, and applicants for
participation and reports of:

False applications or forgery about which the report indicates
that
the state prosecuting authorities are cognizant of these violations, intend
to
pursue them and there are no additional circumstances suggesting an
overriding
Federal interest, e.g., widespread conspiracies or substantial public loss;
and

False applications regarding where the recipient already has made
complete
restitution.

Violations by others not authorized to possess food stamps and reports
of:

Thefts of food stamps or ATP cards in which the total amount
involved
or suspected to be involved is small (less than $100); and

Thefts where the identity of the thief is unknown. All other reports
containing substantial evidence of 7 U.S.C. § 2024 or other food stamp
related crimes will be referred to USAs for consideration and prosecution.
The
same is true of reports falling in the above nonsignificant categories if
the
Department of Agriculture feels that prosecution is desirable from a program
standpoint.